South Apopka Workers Compensation Attorney

After experiencing an accident in Orlando, the last thing you want is to have an attorney at hand that doesn't know how to represent you adequately. You want a reputable Orlando law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando lawyers hold a strong reputation for winning cases, and we do everything in our power to deliver the results you're expecting.

Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in South Apopka. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process. Serving all areas of Florida including Orlando, Arcadia, Naples, Heathrow, Palm Bay, Indian Harbour Beach and more!

• Can you work while on workers compensation?
• Can you sue workers compensation for pain and suffering?
• Can you be fired for being injured on the job?
• Can The Internal Revenue Service take a workers compensation settlement?
• Can I get unemployment if I get hurt at work?
• Can I sue my employer for emotional distress?
• Do workers comp Insurance Companies Pay For Lost Wages?

Florida law requires most employers to buy workers' compensation insurance coverage. Under Florida workers compensation laws, employees are compensated for occupationally sustained injuries, despite fault. This insurance coverage makes companies immune from some injury suits by workers.

Are you looking for a Work Compensation Law Firm near you? If you are injured, we recognize you may not be able to pay a visit to our offices. Let us go to your place!

Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all sorts of injuries; auto collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, semi collisions, construction accidents and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in areas like Union Park, Lisbon, Bay Lake, Palmona Park, North Port, Lely and throughout Florida. Contact our firm for a complimentary and confidential discussion of your case.

Worker's Comp in South Apopka, FL is a legally required system of benefits that are accessible to most workers who are injured on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an injury is a non-issue. You can be completely at fault or negligent in triggering an injury, also this does not disqualify people from getting benefits. However your supervisor or colleague can possibly be negligent in causing the accident, and this does not entitle you to more benefits. is claimed as being both a shield and a sword as for providing for benefits. It is a "sword" in that your Boss simply cannot defend against your claim by saying you were negligent in triggering the injury. It is a "shield" that offers protection to Companies from having to pay laborers many of the damages that are accessible to non-employees who are hurt following the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert South Apopka, Florida Workers' Comp Lawyers Contact our office today to take a look at your case - 800-874-2577

This example depicts the "sword and shield" angle of Worker's Comp. Let us's state Evan is a pretty careless cook. He hardly focuses on what he's doing. He's heading out the back door at the workplace, hands full of waste, to throw in the dumpster. As he runs down the resplendent backstairs, he slips and falls down fracturing his femur. His manager goes to his aid, and witnesses that Evan as is the custom was transporting way too much to be safe and his shoelaces were simply untied. You might probably expect that Evan may not have a case because his neglect resulted in the personal injury. However, you'd be not right.

South Apopka, Florida businesses and home owners are under legal standing accountable for taking care of their properties and need to always keep it in a fairly free from danger condition and caution occupants of any dangerous conditions of that they are conscious or need to be aware.

And now let's change the facts a little bit. Evan rather than being reckless is extremely conscientious. He actually ties up his no slip boots in double knots, not ever hurries down the staircases, and by no means transports more than he can. Nevertheless his office manager has been somewhat slack lately. The light source on the stairs burned out, and he knows that one of the steps is damaged and is a tripping risk. Then again he's too tied up to handle that problem right now. Consequently, Evan trips on the defective dark stair that his boss knew about, yet didn't even bother to alert Evan about. If you believe that Evan can easily now litigate his manager or Employer for negligence due to his manager's negligent behaviors, you will also be mistaken. Careless Evan possesses the same legal rights as an injured laborer as meticulous Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's analyze who is entitled to these particular benefits in The Sunshine State. To start with, you need to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. As a rule, the business that you work for will need to be large enough to be required to possess work comp benefits. In the case that there aren't at the very least four employees, then the Business isn't obligated to hold workers' comp insurance coverage unless it is a construction job Also, there are a few occupations that usually are not protected in FL under workers comp. Instances of occupations that are not covered are most real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.

Therefore let's say you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Like many legal issues, the answer is that it depends. First, the calamity or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some aspect of the work triggered the accident. An example of a reasonably common injury instance at work that is not frequently a job related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest in the middle of work hrs, this is not likely going to count as a workers' comp accident. It may have happened at work, but the job did not trigger the heart attack. Whether or not you have an extremely demanding career and you're manager has been harassing you relentlessly and you have a stroke due partly to the other emotional toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in character and unconnected to your job functions. For that reason the fact that the calamity took place at work is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or effort at the workplace, or (b) you are involved in an occupation where there is a anticipation that such activity is work-related - such as a law enforcement officer or fire fighter.

"In the course and scope of employment" is required for an accident to be covered under Workers' Compensation Benefits. To be in the course of employment, you genuinely have to be at your job. If you have a motor vehicle accident either on your way to work or on your way home, a lot of times those wrecks are not going to be considered work-related accidents. There are exceptions. To be in the scope of employment, you must be conducting a task related to work in other words at the very least engaged in some kind of reasonable task the Company could have foreseen. If your job is to do paperwork in an office but you hurt yourself when you and your friend decide to have a race down the stairs to see who's in the best shape that personal injury is not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing at that time of trauma is no longer sufficiently linked to work to be regarded as work-related.

Therefore, let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an injury that arose out of work, what do you get? To remain entitled to lost wages, you will have to miss a particular amount of workdays and the injury has to last a certain period of time. If you miss out less than a week from your job, you're not going to get lost earnings. Additionally if you have a trauma that heals in just three weeks, you're not qualified to short-term benefits. If you do sustain a trauma that keeps you out of your job for a prolonged time, then you will obtain compensation. On the other hand, this remuneration is not your whole wage. Instead you obtain roughly two-thirds of what you were making at the time of the personal injury. If the health care provider says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the health care provider states you can work with limitations AND the Company is not able to accommodate those limitations, you will get 64% of your paycheck. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing work due to a work associated accident, you will lose wages. The greater your disability, the more wages you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will certainly not be recovered.

So let's claim that you've cleared the hurdles of being a worker that's injured or hurt in the course and scope of your job by an injury that arose out of work, what do you get? To remain entitled to lost wages, you will have to miss a particular amount of work and the incapacity has to last a specific period of time. If you skip barely a full week from work, you're not going to receive lost earnings. Also if you have an injury that heals within three full weeks, you're not entitled to temporary benefits. If you do suffer an injury that keeps you out of your job for an extended time, then you will earn compensation. However, this remuneration is not your entire income. Rather you get around two-thirds of what you were making at the time of the personal injury. If the health professional says no work at all, at that time you receive 66.67% of what you were earning at the time of the injury. If the health professional claims you can work with limitations AND the Employer is not able to accommodate those limitations, you may obtain 64% of your income. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job as a result of a work-related accident, you will lose wages. The greater your injury, the more paychecks you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will definitely not be recovered.

A further restriction on your chance to receive lost wages is that those benefits are just paid for a particular period of time. Once you have achieved maximum medical improvement, which is the doctors way of expressing you're on the right track now, you will not get anymore temporary benefits. Even if you have not gone back to work or your position is no longer available, your temporary benefits end. If you receive an impairment rating due to a permanent injury, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few work-weeks or months. Only very handful of injured employees, the most badly hurt, have a likelihood of getting long-term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have big limitations. If you have injuries that calls for critical care, then you can get that care without first getting Employer or workers' compensation provider approval. Following that initial treatment, who you see for medical care is not your selection. Your Employer or often its work comp insurance carrier may notify you exactly who you can treat with. If you don't prefer the doctor they select, then you may obtain a one-time change but that's it. Additionally, you don't have the ability to choose that next doctor either. Once again the work comp insurance provider picks the medical professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your health insurance won't pay for it.

One of the few positive elements of the health care is that you do not pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance company is accountable for all other expenses of treatment including prescribed drugs and physical therapy. Still as you can probably see by now, workers' comp is not a marvelous program. It's also a complicated system.

If you find yourself in the workers comp system, you're better off getting guidance and possibly an attorney sooner rather than later. Errors made in the workers' compensation system may be difficult or even impossible to unwind. Plus a couple mistakes can guarantee the end of your case altogether. So if you have a workers' compensation accident, talk to us promptly. The advice is totally free, and you are under no obligation to hire us. If you do retain us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for you!

No Fee Unless We Win or Settle!